On July 19, 2017, the United States Court of Appeals for the Second Circuit issued a decision that could impact prosecutions of corporate employees that result from multi-jurisdictional investigations, such as those involving...more

Retailers that advertise sale prices in comparison with regular prices in California should ensure that the products were actually offered for sale at those regular prices within the preceding three months, in order to avoid...more

The Supreme Court of Canada released a decision today regarding judicial intervention with jointly recommended criminal sentences following a guilty plea. The SCC adopted a high threshold which will be welcome news to those...more

Extradition for U.S. Antitrust Crimes: An Anomaly or the New Normal? -
In April 2014, Germany extradited Romano Pisciotti, an Italian national, to the United States to face criminal charges related to his alleged...more

Last month the Supreme Court declined to accept an appeal for two related antitrust cases involving an international price-fixing cartel. The cases come from different circuits, one was criminal and the other civil, but they...more

The Antitrust Division of the Department of Justice claims the statute of limitations for a criminal antitrust violation does not begin to run until the last payment is collected by a conspirator on a sale that was the...more

The Foreign Trade Antitrust Improvements Act (FTAIA) was enacted in 1982 to help achieve clarity in the application of U.S antitrust laws to international trade. More than 30 years since that effort, the FTAIA has not...more

AU Optronics Corp. (“AUO”) filed a petition for a writ of certiori in Hui Hsiung, et al. v. United States of America on March 16, 2015, seeking Supreme Court review of the Ninth Circuit’s 2014 decision that upheld the...more

Two recent decisions by the U.S. District Court for the Western District of Wisconsin reached back decades for precedent to allow a novel price discrimination suit under the Robinson-Patman Act to proceed. Woodman’s Food...more

To name only a few, the U.S. faced challenges over the extent of its jurisdictional reach; China was criticised for questionable investigative practices and allegedly protectionist use of its antitrust powers; and Japan faced...more

Fall 2014 -
The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the Summer 2014 edition of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global...more

The Canada Supreme Court ruled earlier this month that civil antitrust plaintiffs may receive wire-tap evidence obtained in the criminal investigation into an alleged price-fixing scheme by several large gas companies. During...more

In a one-day Department of Justice Antitrust Division takedown last September, nine international companies based outside the United States pled guilty to criminal antitrust violations and agreed to pay more than $740 million...more

In this issue:
- The U.S. DOJ Secures Two Extraditions of Foreign Nationals on Antitrust Charges: Who Is Next?
- U.S. Circuit Courts Limit Reach of Sherman Act Against Asian Cartel
- Mark Rosman, Partner...more

The news is filled with stories about government investigations into possible violations of antitrust laws: alleged anticompetitive conduct by Google, price fixing by Apple and bid rigging by large financial institutions....more

In a groundbreaking decision, the Central District of California became the first court to hold that antitrust violators who received amnesty from criminal prosecution were not entitled to the damages-limiting benefits of the...more

In 2013, the U.S. Department of Justice, Antitrust Division obtained even more record-breaking fines in its ongoing antitrust investigation of the automobile parts industry. The investigation, which began in 2011, has...more

1 The Legislative Framework of the Cartel Prohibition -
1.1 What is the legal basis and general nature of the cartel prohibition, e.g. is it civil and/or criminal?
The Dutch Competition Act (‘DCA’) is based on...more

On September 25, 2013, the Canadian Competition Bureau released updated FAQs for its Immunity and Leniency Programs. These two programs, which offer whistleblowers immunity from prosecution and lenient treatment on...more

On June 2012, the Supreme Court of Canada announced that it would hear appeals in two matters from Quebec (Imperial Oil v Simon Jacques and Couche-Tard Inc v Simon Jacques) that may determine whether and to what extent wire...more

Global Overview:
Continued aggressive cartel enforcement in 2012 Authorities around the world continued to vigorously enforce cartel law in 2012. Total fines increased in many jurisdictions, and authorities around the...more

2012 was a busy year for Canadian competition litigation, as numerous cases were heard or decided. The Supreme Court of Canada heard three class proceedings cases involving the Competition Act and the Competition Tribunal had...more

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